Extraordinary Ability Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.
Category: EB1 Green Card, Employment Based Green Cards, Extraordinary Ability
Status:

We won a case for an applicant following a Request for Evidence. Initially, we had submitted substantial documentation to show that the Petitioner qualified for the classification based on his original contributions, authorship of scholarly articles and judging of his research peers. Based on the evidence submitted, Service noted that sufficient evidence was presented to prove authorship of scholarly articles as well as judging of research peers. We had provided copies of the Petitioner’s publications as well as the significant number of citations. The journals where Petitioner’s work was published had average to high impact factors. Petitioner was a member of an editorial board as well as a reviewer for a multitude of international publications. We submitted documentary evidence of his work as a reviewer which included an invitation to the editorial board as well as copies of the requests to review manuscripts for several prestigious scientific journals. Service issued an RFE requesting additional documentary evidence to show that Petitioner’s research contributions were “original” and of major significance. We provided additional reference letters from leading experts who noted their own use of Petitioner’s inventions. We also provided proof of the application of Petitioner’s invention such as internal memos, letters and emails.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Employment Based Green Cards, Extraordinary Ability
Status:

We filed a petition premium processing for a self-petitioning researcher. The petitioner had over 15 years of research experience in the nanotechnology field. He had an extraordinary research career which included 52 scholarly scientific articles with over 1,020 citations of his work. His publications were featured in numerous high impact international journals. In addition to his noteworthy research publications, the petitioner was a highly sought after reviewer for a multitude of prestigious, international scientific journals. He was also selected to an editorial board. His research was noted as having a significant impact in his field and the multitude of leading experts that opined on his international acclaim identified him as “one of the very few in their field that had reached the highest level of achievement.” The petitioner had sustained international acclaim for his extraordinary research and as a result his work was featured in several major trade publications. We also submitted evidence to show that as a result of the petitioner’s extraordinary research career he was nominated as a member of a highly prestigious scientific research society.

As a result of the petitioner’s substantial volume of evidence reflecting his extraordinary qualifications, USCIS approved the case within five days.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Extraordinary Ability
Status:

We won a case for a Ph.D. in computer science/engineering who had over nine years of experience. The applicant held various positions at highly prestigious research institutes in the world. His expertise was considered a cut above the rest and therefore ranked as one of the top in his field. He was a noted author for several scientific journals and posted many conference publications, technical reports and book chapters. He was the recipient of notable awards for extraordinary achievement. He also conducted peer reviewing of manuscripts for prestigious international journals and conferences.  He was also often called upon for oral presentations and seminars, which resulted in extensive international collaborations. He also served as peer reviewer, committee organizing member, and graduate supervising committee member. In addition, he was a member of 2 prestigious professional societies. He was well known in his field for numerous innovative and pioneering discoveries.
 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Extraordinary Ability
Status:

We won a case for a Materials Scientist who had over 11 years of research experience. His expertise was in the field of solar and hydrogen powered energy. We provided documentary evidence to show that his extensive list of publications was in prestigious international journals with high impact factors. We also showed that as a result of his innovative and pioneering work, he was invited to present his findings at a large number of conferences/workshops and symposia. This applicant also qualified under contributions to his field, as he not only published significant work, but also collaborated with many prestigious research institutes around the world. He also received over 5 notable awards with very competitive criteria and was the recipient of numerous grant awards. We were able to provide substantial documentary evidence to show that this applicant published, contributed, received national and international awards of distinction and was called upon as a leading expert to judge the work of others.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Extraordinary Ability
Status:

We won a case for an Alien of Extraordinary Ability who qualified in numerous components of the category. We argued her contributions were significant as clearly documented by the multitude of reference letters supplied by leading experts in her field. She also had an extensive publication list as well as invitations to present this extraordinary work. Her research has had a significant impact in the field, and consequently the citation record of her work is far greater than most scientists with her years of educational and work experience. As a result of her international reputation, she was also asked to act as a judge of the work of her peers. She was involved in numerous collaborations. This applicant was also featured in such major media as The New York Times and Science Daily.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Extraordinary Ability
Status:

We won a case following a Request for Evidence for a scientist considered extraordinary in his field. This Ph.D. was an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of corneal innate immunity and microbial keratitis. His unique specialty set him apart from others in the field. He was invited to review for a high impact scientific journal. He also had an extensive publication list as well as presentations world-wide for his innovative and pioneering work. This applicant served as a reviewer for over 5 journals and also served on the editorial board of two prestigious journals. We also argued in our response to the RFE that this applicant's extensive contributions to the field were beyond the normal scope of a researcher with his years of educational and work experience.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Extraordinary Ability
Status:

We won an Alien of Extraordinary Ability case for a Ph.D. in physics. This applicant had over 13 years of research experience, 30 refereed journal articles, 12 Invited presentations at conferences and meetings, 2 refereed conference publications, peer reviewing of manuscripts for prestigious international journals, employment at several world-renowned institutes and was elected to membership in Sigma Xi, the Scientific Research Society. Clearly, this applicant stood out among his peers as one of the few who has reached the highest level of success in his field.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, EB2 Green Card, Extraordinary Ability, National Interest Waiver, Scientists and Researchers
Status:

We won both an EB1 Alien of Extraordinary Ability case and a National Interest Waiver for this applicant.  He was noted as being an exceptionally qualified, brilliant and outstanding researcher amongst an international peer group.  We provided copies of his substantial publication record as well as evidence of his numerous "invited" presentations.  This applicant had patented material which was identified as innovative and pioneering in the field and admired by top researchers.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Extraordinary Ability, Professors
Status:

We won this case stressing the international scope of the extraordinary work that this applicant had done over the course of many years.  He was identified by experts around the world as belonging to the top 5% of scientists in his field.  His innovative and pioneering work was admired by his research peers around the globe.  Many U.S. educational institutes were seeking his services as a research professor.  This applicant was "invited" to present his research findings on countless occasions to an audience of the top researchers in the world.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Engineers, Extraordinary Ability
Status:

We won an Alien of Extraordinary Ability case for the applicant having advanced degrees from the prestigious Indian Institute of Technology, one of the most premier institutes in India.  His research work was so highly regarded that he was awarded a two-year post-doctoral fellow at the Institute.  This is a very high honor in that only “a select few” are considered for this position.  The applicant had numerous books on civil engineering published and utilized by prestigious teaching institutes.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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